Bankruptcy - I heard that my judgemnt-debtor filed for bankruptcy- is it over or can I get paid ?

The real question that matters to you is, "Has my judgment been discharged in bankruptcy"?

As with any process there are many roadblocks and pitfalls along the way.  Let's look at a couple of  them.


Fist this debtor may not qualify for bankruptcy. There are limitations on how often some can file for straight bankruptcy.   He can file but the bankruptcy court will dismiss his petition.   Next there is mandatory credit counseling along with asset and means testing that will determine if you debtor is too wealthy for bankruptcy, or may have to repay some of his debts.  You must be notified of the bankruptcy filing. [If you a receive notice of filing, you must stop all collection activity.]  Failure to notify you, may cause this debt not to be discharged.  Three are certain types of debt that can not be discharged in bankruptcy.

At any point along this path, your debtor or his attorney can drop the ball.  If that happens the court may dismiss the petition.

Often assets are discovered or acquired during the course of bankruptcy.  You want to be first in line to get paid if that happens.

Bottom line is if your debtor files for bankruptcy, the game is not over unless you surrender.

steve a-t JUDGMENTcare ....com